§ 205-15. Notice to perform work; failure to comply; reimbursement for costs., Chapter 205. Property Maintenance, Code of Ordinances, Henrietta

Whenever the Town Board learns of any violation of this chapter, the Town Board may adopt a resolution requiring the owner or occupant, or both, as the case may be, of the premises with regard to which a violation has occurred to remedy such violation, specifying the nature of the work to be done and the time within which it shall be completed. A notice of the adoption of such resolution shall be served upon such owner or occupant, or both, by registered or certified mail addressed to his or their last known address. When a notice to perform work is served by registered or certified mail, then an additional copy of the notice shall be posted on the premises.

The notice shall be in substantially the following form:

	To the owner, occupant or person having charge of land within the Town of Henrietta briefly described as follows: (Here describe the subject property.) Notice is hereby given that certain violations of the Code of the Town of Henrietta currently exist at the aforementioned property, namely: (Here cite Code sections violated and describe the work that must be performed to remedy the violations.) and constitutes a public nuisance in the Town of Henrietta. These violations must be remedied by performing the work stated above within 30 days from the date of this notice. If said work is not performed and said violations are not remedied on or before the expiration of said 30 days from the date hereof, you are hereby summoned to appear before the Town Board of the Town of Henrietta, New York, at ....m. o'clock, on the .... day of ......... 20 ...., at which time a hearing will be held to determine whether the conditions on the property constitute a public nuisance and why the Town of Henrietta, New York, acting through its duly authorized agents, servants, officers and employees, should not enter upon said property and perform said work. In the event that the Town Board directs that said work be performed the expense incurred by the Town of Henrietta shall be assessed against said property and shall constitute a lien thereon and be collected in the manner provided by law.
	Town Board of the Town of Henrietta

To the owner, occupant or person having charge of land within the Town of Henrietta briefly described as follows: (Here describe the subject property.) Notice is hereby given that certain violations of the Code of the Town of Henrietta currently exist at the aforementioned property, namely: (Here cite Code sections violated and describe the work that must be performed to remedy the violations.) and constitutes a public nuisance in the Town of Henrietta. These violations must be remedied by performing the work stated above within 30 days from the date of this notice. If said work is not performed and said violations are not remedied on or before the expiration of said 30 days from the date hereof, you are hereby summoned to appear before the Town Board of the Town of Henrietta, New York, at ....m. o'clock, on the .... day of ......... 20 ...., at which time a hearing will be held to determine whether the conditions on the property constitute a public nuisance and why the Town of Henrietta, New York, acting through its duly authorized agents, servants, officers and employees, should not enter upon said property and perform said work. In the event that the Town Board directs that said work be performed the expense incurred by the Town of Henrietta shall be assessed against said property and shall constitute a lien thereon and be collected in the manner provided by law.

Dated:

Town Board of the Town of Henrietta

Whenever such notice has been served upon such owner or occupant, or both, of the respective premises and such owner or occupant shall neglect or fail to comply with the requirements of such notice within the time provided therein, the Town Board shall conduct a hearing before the Town Board, the date, time and place of which must be included in the original notice to perform work. The purpose of the hearing shall be to determine the existence of the violations and whether there was a failure to remedy or repair same.

Whenever such notice has been served upon such owner or occupant, or both, of the respective premises and such owner or occupant shall neglect or fail to comply with the requirements of such notice within the time provided therein, the Town Board, or its duly authorized agents or employees, shall cause such notice to be filed in the office of the County Clerk in the same manner as a notice of pendency pursuant to Article 65 of the New York Civil Practice Law and Rules.

Whenever such notice is issued, the Town Board shall also authorize an inspection and report of the subject premises by an official duly appointed by the Town Board. Said official shall prepare a written report and appear at any hearing authorized in this section to offer verbal testimony regarding the same.

After said hearing, if the Town Board determines that such owner or occupant neglected or failed to comply with the requirements of such notice within the time provided therein, the Town Board shall authorize the work to be done and pay the cost thereof out of general Town funds to be appropriated by the Town Board for such purposes.

The Town shall be reimbursed for the cost of the work performed or services rendered, by the direction of the Town Board as herein provided, by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered. The expenses so assessed shall constitute a lien and charge on the real property on which they are levied, until paid or otherwise satisfied or discharged, and shall be collected in the same manner and at the same time as other Town charges.